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CENVAT Credit eligible on ECIS for Modernization/Renovation/Repair of Existing Factory

April 18, 2022 3228 Views 0 comment Print

Reliance Industries Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Appellant’s factory is admittedly huge existing petroleum industry and working for decades. The ECIS service was used for expansion, renovation and modernization of overall existing petroleum plant. As per inclusion clause of the definition the services relating to modernization, renovation is an admissible input service. In […]

Service Tax not payable on Notional Interest on Refundable Security Deposit

April 18, 2022 1362 Views 0 comment Print

Marwadi Shares & Finance Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) The dispute in the present appeals relates to service tax on interest free deposit amount collected by the Appellant from the demat account holders under the Scheme and in lieu of the same Appellant has not collected AMC charges. However, we find that the […]

Fraudulent Claim of ITC of ₹9.97 crores: HC grants Bail to Accused

April 18, 2022 1062 Views 0 comment Print

The allegation against applicant is that he and a co-accused have set up a number of fictitious companies, which are being used for the purposes of defrauding the government. It is contented that the accused persons have opened banks accounts in fictitious names and provided their telephone numbers and email addresses in this respect.

ITAT Quashes reassessment proceeding initiated merely based on Investigation Wing report without application of Mind

April 18, 2022 1842 Views 0 comment Print

M/s Nishit Fincap Private Limited Vs ITO (ITAT Delhi) In this case The original assessment was completed u/s 143(3) on 03.12.2010 determining the total income at Rs.48,360/-. I find the assessment in this case was reopened on the basis of information obtained from the Investigation Wing, according to which, during the search and seizure operations […]

Spent Acid is not an exempted good so Rule 6(3) of CENVAT Credit Rules, 2004 not applicable

April 17, 2022 747 Views 0 comment Print

M/s IPF Vikram Sulphonation Limited Vs Commissioner of CGST, Central Excise (CESTAT Delhi) The case of the Revenue is that the Spent Acid is an exempted goods, therefore, they are liable to pay an amount of equivalent 6% of the value of such Spent Acid in terms of Rule 6(3) of the CENVAT Credit Rules, […]

Failure of assessees to offer capital gains in appropriate year not disentitle assessee to claim cost of acquisition

April 17, 2022 1179 Views 0 comment Print

Where assessee did not offer capital gain in the year in which JDA was entered then the fact will not disentitle then to get deduction for cost of acquisition of flats obtained pursuant JDA while offering capital gain from sale of such flats in a later year.

Aadhaar Offline verification and role of OVSEs under Authentication Eco-system: FAQs

April 16, 2022 7659 Views 0 comment Print

Aadhaar: FAQs on Offline verification process of Aadhaar and role of Offline verification seeking entities (OVSEs) Q.1 What is offline verification Ans. Offline verification is the use of Aadhaar for identity verification and KYC locally, without sending data to and receiving response from UIDAI online.  In offline verification resident directly submits the Aadhaar number and associated […]

Using Agricultural Produce for feeding Orphanage kids is Charitable Activity

April 15, 2022 723 Views 0 comment Print

Roman Catholic Diocese of Eluru Vs ACIT (Exemptions) (ITAT Visakhapatnam) Brief facts of the case are that the assessee is a Registered Society under the Societies Registration Act and is also registered u/s. 12A of the IT Act, 1961. The assessee is carrying out medical and educational activities and conducting pastoral activities in the name […]

HC dismisses Tax Appeals against Taxpayer in view of Liquidation Proceedings

April 15, 2022 1659 Views 0 comment Print

PCIT Vs Moser Baer India Ltd. (Delhi High Court) A perusal of the aforesaid order of Apex Court in Civil Appeal No.4705/2014 makes it clear that the respondent company Moser Baer India Ltd. is not financially viable and is in liquidation before NCLT. The order also makes it clear that even if the Revenue were […]

HC Refuses to Order Rs. 1 Crore Compensation for Covid-19 Deaths

April 15, 2022 882 Views 0 comment Print

DR Vidyottma Jha Vs Govt of NCT of Delhi & Anr. (Delhi High Court) In our view, it is not for this Court to direct payment of ex gratia compensation of Rs.1 Crore to all families whose members died due to Covid-19. The GNCTD has already formulated a uniform policy for the payment of ex […]

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